Meeting of the Parliament 20 May 2014
Mr Stewart makes a valid point, and it is certainly something that the review group will consider. That is perhaps one aspect of trying to ensure that badge holders are aware of their responsibilities.
I started on this journey about 18 months ago and in the time since then I have travelled across the country to engage with various groups, people with disabilities and COSLA representatives. People with disabilities who are badge holders are saying that they require a change in the current legislation. I believe that, to an extent, they are content with the proposals, because the current enforcement powers are not sufficient. At the moment, a traffic warden or enforcement officer can approach someone and ask to see their badge, but if that warden or officer believes that the badge is being used fraudulently, they cannot confiscate it. Instead, they actually have to wait for a police officer to arrive, by which time the driver might have driven off. Surely that is wrong. We need the new powers in the bill to ensure that, when we are absolutely convinced that badges are being misused, they can be withdrawn.
Cameron Buchanan said that he is slightly concerned about aspects of identification with regard to non-uniformed officers, but I do not believe that that presents a problem. I sometimes think that being approached by someone in uniform can raise greater anxiety among some members of the public. In any event, someone who is not in uniform can provide the appropriate identification. If a person is concerned, they can ask for further identification. As far as I am aware, most enforcement officers have a radio with them and can probably call a central office to provide confirmation of identification.
I believe that the steps in the bill are proportionate and appropriate. I believe that the review process, which has been mentioned, is the right thing to do. At present, there is no statutory provision for a review although, since we started on this journey, the majority of local authorities have introduced a review process. If a person has been denied a badge, they will be able to appeal. I am not concerned that the appeal will be to the same local authority, because it will go to a different person in the authority—perhaps the line manager of the person who made the original decision or someone else. The decision will be based on criteria and guidance and, if a person does not meet the criteria for having a blue badge, their application will be denied. We also need to ensure that those who can be passported into the blue badge system know about that.
There are many stories of misuse, but the one that probably angers me more than any other is about a person who had a blue badge and who was housebound but whose family members used the badge without ever taking the badge holder out. That might be an extreme case, but we need to ensure that badges are used appropriately. Third-party misuse is not acceptable. We should say that it is not acceptable to misuse a blue badge.
Cameron Buchanan mentioned people just nipping out to the shop and inadvertently leaving a blue badge on the dashboard. That is fine but, with the central database system, we have a method of recording the incidents that take place so, if there is persistent misuse, the enforcement officer or police officer will have that information to hand.
I believe that the Parliament wants the bill to progress. It has been my absolute pleasure to bring this debate to the chamber. I thank the team from Transport Scotland, the Local Government and Regeneration Committee and the minister, and I ask members to support the motion in my name.